Exterro's E-Discovery Breakdown // Mike Hamilton

The world of E-Discovery is constantly changing – let us break it down for you with a weekly dose of News, Resources, Case Law, and Humor, all written in a concise and easy to understand format.

Case Law Alert: Private Data Stored in Mobile Devices May Lead to Production Concerns

Created on March 29, 2019


Director of Marketing Programs at Exterro

In Henson v. Turn (N.D. Cal. Oct. 22, 2018), the court reminded attorneys that appropriately accounting for the proportionality concerns of Rule 26(b)(1) includes scoping production requests in a way that reduces the potential for the production of irrelevant private data. Overview In this data-privacy class action lawsuit, the e-discovery dispute centered around the defendant’s production request for mobile device data including: Inspection or forensic images of the plaintiffs’ mobile devices Complete browsing history Cookies stored and deleted The plaintiffs argued that this request “flies in the face of Rule 26(b)’s relevancy and... Read More

Friday Funnies: Exterro's E-Discovery Meme Series (Change My Mind Edition)

Created on March 29, 2019


Director of Marketing Programs at Exterro

Whatever role you play in the legal system, it's safe to say that there are rewards available to people who can craft a thoughtful argument--or take one apart. That's certainly the case for judges, who are the ones who have to make the tough decisions on administering the rules, so we're not going to argue with them--we're merely going to report on their opinions and what we think their implications for the rest of the e-discovery community might be. That's certainly the case in our 2019 Federal Judges Survey, which contains... Read More

Case Law Alert: E-Discovery Sanctions Issued in Jimi Hendrix Weed Case

Created on March 22, 2019


Director of Marketing Programs at Exterro

In Experience Hendrix, LLC et al. v. Pitsicalis et al. (S.D.N.Y. Nov. 27, 2018), the court ruling demonstrates the (rather obvious) lesson: if you don’t produce and then take multiple steps to hide relevant data, in most instances the court will issue significant e-discovery sanctions against you. Overview In this copyright infringement case, the plaintiffs motioned for e-discovery sanctions against the defendant for a variety of misconduct including spoliation and hiding evidence. The defendants, including Jimi’s brother, started a marijuana business and were attempting to use Jimi Hendrix’s image to sell their products... Read More

Case Law Alert: Don't Ask for Everything in E-Discovery...

Created on March 15, 2019


Director of Marketing Programs at Exterro

In Santana v. MKA2 Enterprises, Inc. (D. Kan. Jan. 8, 2019), the courts reminded litigants that an appropriately tailored production request doesn’t ask for “all” of anything. When making such requests, be sure to ask for specific data. If you do ask for “all” of something, make sure you have case precedents or a clearly defined reason for doing so. Overview In this employment race discrimination case, the defendant moved to compel the plaintiff to produce “all” his mobile phones. Specifically, the defendant wanted any mobile phone used by the plaintiff from the start... Read More

Case Law Alert: “Mortal Mistake” in Delaying Preservation Activities Leads to Sanctions

Created on February 15, 2019


Director of Marketing Programs at Exterro

Fishman v. Tiger Natural Gas (N.D. Cal., Nov. 20, 2018) reminds readers that a party’s duty to preserve potentially relevant data extends to contracted third parties. A delay in this communication can lead to spoliation and sanctions. Overview In this class action lawsuit for fraudulent telemarketing, the plaintiffs motioned for discovery sanctions against the defendants for failing to keep recordings of sales pitches after the duty to preserve was triggered. Before filing the initial complaint, the plaintiff sent multiple demand letters notifying the defendants “not destroy evidence in its possession,” including audio... Read More

Friday Funnies: Exterro's E-Discovery Meme Series (Kitten Cuddles Edition)

Created on February 15, 2019


Director of Marketing Programs at Exterro

We can all dream about having an e-discovery process that brings legal, IT, and outside counsel together as beautifully as these three little kittens. Maybe it doesn't have to be a dream, if only you had a unified e-discovery platform that smoothed out handoffs between team members, eliminated data transfers, included customizable workflows, and provided visibility into data. (Psst, that platform already exists.) You can always visit our entire catalog of E-Discovery Memes and Cartoons or download our anthology of The Top 10 E-Discovery Memes of 2018 if you haven't gotten enough, and feel free to share the fun... Read More

Case Law Alert: Court Rules Parties Can Use TAR without Authorization

Created on February 1, 2019


Director of Marketing Programs at Exterro

Entrata v. Yardi Systems (D. Utah Oct. 29, 2018) shows that while entering a TAR protocol may help promote cooperation between sides, it is not required. A party has the right to use TAR unilaterally without approval from the court or their opposition. Overview The primary e-discovery dispute in this case centers around creating an agreement around the use of technology-assisted review. After months of unproductive negotiations, the plaintiff decided to use TAR without an agreement with the defendant on how TAR would be used. Subsequently, the defendant raised concerns about the plaintiff’s TAR... Read More